CP40/657: Easter term 1425

Court of Common Pleas, CP 40/657, rot. 107d

Term: Easter 1425
County: Lincolnshire
Writ type: Debt (loan)
Damages claimed: £40
Case type: Loan

Pleading: Richard Hervy and Alexander Cheyne, administrators of the goods and chattels formerly of John Evedon, state that on 12 November 1419 Guy Laurence borrowed 40m from JE, but has not paid him or his administrators, to their damage of £40. They show in court the letters granting them administration of JE's possessions.

Pleading: GL states that he does not detain this 40m nor any money in the form claimed by the plaintiffs. Ordered that he wager his law, which he does immediately. Plaintiffs take nothing for writ, amerced for false claim. GL quit.

Court of Common Pleas, CP 40/657, rot. 110

Term: Easter 1425
County: Kent
Writ type: Debt (bond)
Damages claimed: £40
Case type: Arbitration; Bond

Pleading: Robert Cristemas states that on 10 January 1422, Richard Dawdymer made bond with him in £40, but has not paid, to his damage of £40. He shows the bond in court.

Pleading: RD states that he should not be held to this debt, since the bond was made under the condition that RD would agree to stand in the arbitration of John Boton, John Forde, William Rogger and Hamo Holyndon regarding all disputes between them outstanding on that day, and that the bond would be void if he abided by their decision. He says that since he was a layman and unable to read, the bond was read to him with this condition, and he sealed it and it was delivered to RC. But since the bond does not now have this condition within it, he says that the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Bond to remain in the custody of Robert Darcy for safe-keeping.

Postea text: Process continued, jury in respite to morrow of Martinmas 1425. R Dawdymer came, RC did not prosecute his writ. RC and pledges amerced, bond returned to RC, Darcy quit.

Court of Common Pleas, CP 40/657, rot. 114

Term: Easter 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: £20
Case type: Sale of goods

Pleading: John Halle states that on 12 September 1423 John Warrewyk bought from him ginger, saffron and pepper to the value of £16, but has not paid, to his damage of £20.

Pleading: JW states that he does not owe this or any money as claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Pledges named.

Court of Common Pleas, CP 40/657, rot. 116

Term: Easter 1425
County: London
Writ type: Other
Damages claimed: £40
Damages awarded: 40s
Costs: 33s 4d
Case type: Contract (service/employment)

Pleading: Henry Feryby states that on 24 December 1423, he hired Robert Wyke to build him a new horse-mill in the parish of St Giles without Cripplegate. This was to be built between Christmas Eve 1423 and the feast of the Purification 1424, but RW did not do this, to his damage of £40.

Pleading: RW states that the case should cease, since long before the feast of the Purification aforesaid, he showed HF a new mill in the parish of St Stephen, Coleman Street, offering to build a similar mill for HF as long as HF brought the necessary and suitable timber and ironwork. However, HF, finding that he did not have sufficient funds to build this mill, refused to build it and discharged RW.

Pleading: HF states that he never exonerated RW from the building of the mill in the form claimed. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Trinity.

Postea text: Process continued, jury in respite to quindene of Michaelmas 1425 nisi prius they come before John Preston, justice of the bench, at St Martin le Grand on 26 July 1425. HW came, justice sent record that on that day both parties came before JP and his associate Robert Gudbarn, and the jury stated that HF did not exonerate RW from building the mill, in the form claimed by RW. They assign damages to HF for the non-building of the mill at 40s, and costs of 20s. HF asks that the justices here increase these costs, and they increase these by 13s 4d. He therefore recovers 5m 6s 8d in total. RW amerced. [nisi prius clause also enrolled on roll for Trinity 1425 (CP 40/658, rot 307]

Court of Common Pleas, CP 40/657, rot. 118d

Term: Easter 1425
County: London
Writ type: Trespass (against statute)
Damages claimed: 20m
Case type: Breach of Statute; Contract (service/employment)

Pleading: John Vanderoye, citing the terms of the Statute of Labourers, states that on 2 February 1425 he retained John Grove to serve him as a labourer from that date for a quarter of a year, but within that term [date omitted], he left his service without reasonable cause or licence, in contempt of the king, against the form of the ordinance, and to his damage of 20m.

Pleading: JG states that he was never retained by JV, to serve him as claimed for the period claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Pledges named for defendant.

Postea text: [In Trinity term (CP 40/658, rot 319d), jury placed in respite to Michaelmas one month, nisi prius they come before William Babyngton at St Martin le Grand on Friday after quindene of Michaelmas (19 October 1425).

Case notes: See also rot 310, and CP 40/658, rot 319d.

Court of Common Pleas, CP 40/657, rot. 127d

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: £60
Case type: Bond

Pleading: Robert Popyngeay states that on 10 May 1423 Robert Brasyer made bond with him in £40, but has not paid, to his damage of £60. He shows the bond in court.

Pleading: RB granted licence to imparl to octave of Trinity, with assent of RP.

Court of Common Pleas, CP 40/657, rot. 140

Term: Easter 1425
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Debt; Real action / rents / damage to real estate

Pleading: Richard Milborne states that on 5 February 1420 he demised at farm to Thomas Broke a messuage with appurtenances in the parish of St Peter Paul's Wharf, Queenhithe ward, for a term of 12 years, rendering 12m per year in equal portions at the Nativity of St John the Baptist and Michaelmas. He occupied the property until the feast of the Purification (2 February) 1422, and paid 4m of the 6m due in June 1420, but has not paid the remaining 20m, to his damage of £20.

Pleading: TB granted licence to imparl to octave of Trinity, with assent of RM.

Postea text: Further licence to imparl, to quindene of Michaelmas, with assent.

Court of Common Pleas, CP 40/657, rot. 140d

Term: Easter 1425
County: Buckinghamshire
Writ type: Trespass (against statute)
Case type: Breach of Statute

Pleading: Bartholomew Dekene amerced for many defaults. Richard Redehode brings suit against BD for bringing a trespass case against him in the court of the Marshal of the Household, even though that case has no connection with the household and should not be brought there, as specified in the ordinance of King Edward. Day given at octave of Trinity.

Case notes: see also CP 40/658, rot 138d; also related to CP40/642 rot. 116. and CP40/642 rot.117

Court of Common Pleas, CP 40/657, rot. 151

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: 10m
Case type: Bond

Pleading: William Thurlewall states that on 18 April 1422 William Hacomblen made bond with him in 10m, which he shows in court, but has not paid, to his damage of 10m.

Pleading: WH states that he should not be held to this debt, as the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at quindene of Trinity. Bond to remain in the custody of Robert Darcy, chief king's clerk of the Bench. Pledges named for defendant.

Postea text: Process continued, jury in respite to quindene of Michaelmas. WT came by attorney, WH did not come. In default. Jury in respite to octave of Hilary, as they did not come. Pledges to be taken.

Postea text: Bond delivered to RP, attorney of WT, as process discontinued. RD quit.

Court of Common Pleas, CP 40/657, rot. 151

Term: Easter 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 40s
Case type: Sale of goods

Pleading: John Wode and John Goldhord state that on 21 September 1424 Andrew Sturmyn bought from them 200 salted fish for 4m, but has not paid, to their damage of 40s.

Pleading: AS states that he does not owe this or any money to the plaintiffs as claimed. Ordered that he wager his law at quindene of Trinity. Pledges named.

Court of Common Pleas, CP 40/657, rot. 151d

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond

Pleading: Andrew Botiller states that on 28 October 1419 Nicholas Bury made bond with him in £40, which he shows in court, but has not paid, to his damage of £20.

Pleading: NB granted licence to imparl to octave of St John the Baptist. Pledges named for defendant.

Postea text: Further licence to imparl, to Michaelmas one month.

Court of Common Pleas, CP 40/657, rot. 274

Term: Easter 1425
County: Essex
Writ type: Debt (account)
Damages claimed: 10m
Damages awarded: 6s 8d
Costs: 33s 4d
Case type: Reckoning of account

Pleading: John Waryn states that on 20 June 1420 William Philippe accounted with him at Stratford Langthorne before John Lee and John Symond, auditors assigned by JW, regarding various goods bought from him and money received, and WP was found to be in arrears by £6. However, he has not paid, to his damage of 10m.

Pleading: WP states that he never accounted with JW before these auditors as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Trinity.

Postea text: Parties came, sheriff said that he had sent to William Welles, bailiff of the liberty of Barking, who did nothing. Sheriff to have jury at quindene of St John the Baptist. Parties came, jury in respite to quindene of Michaelmas.

Postea text: Parties came, jury state that WP did account with JW in the form claimed. Damages assigned to JW at 6s 8d, and costs of 13s 4d. JW requests that the justices increase these costs, and they increase this by 20s. JW to recover debt of £6, and damages totalling 40s. WP amerced.

Court of Common Pleas, CP 40/657, rot. 275

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: 20m
Case type: Bond

Pleading: John Stratton states that on 14 May 1417 Thomas Bendyssh made bond with him in 40m, which he shows in court. TB has paid 15m of this, but has not paid the remaining 25m, to his damage of 20m.

Pleading: TB states that he does not owe this debt, since by a release made at Steeple Bumpstead on 8 September 1420, which he shows in court, JS released him and his heirs, etc., from all actions pending between them to that date.

Pleading: JS states that this quitclaim was not of his making. Both parties seek enquiry on the country. Sheriff of Essex to have jury here at quindene of Trinity. Bond and quitclaim to remain in the custody of Robert Darcy, chief king's clerk of the Bench.

Postea text: 2 posteas, sheriff of Essex did not send writ, to octave of Martinmas 1425.

Court of Common Pleas, CP 40/657, rot. 275d

Term: Easter 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: 10m
Damages awarded: 5m
Costs: 40s
Case type: Taking of goods

Pleading: Simon Copshef states that on 13 July 1424 John and Joan Hawe forcibly took two pipes of wine from him, worth 5m, against the peace and to his damage of 10m.

Pleading: John and Joan Hawe deny responsibility for this trespass as claimed by SC in his writ and pleading. Both parties place themselves upon the country. Sheriff to have jury here at octave of Trinity.

Postea text: Process continued, jury in respite to octave of Hilary 1426, nisi prius they come before William Babyngton, chief justice of the Bench, at St Martin le Grand on 3 December 1425. SC came, chief justice sent record that on that day the parties came before him and his associate John Drayton, and the jury say that the defendants are responsible for the trespass concerned, as SC claimed. They assign damages to SC, the value of two pipes of wine, at 5m, and costs of 40s. John and Joan H to be taken.

Postea text: SC came into court and acknowledged satisfaction of the damages. John and Joan H quit of demand.

Court of Common Pleas, CP 40/657, rot. 280d

Term: Easter 1425
County: Surrey
Writ type: Trespass (force and arms)
Damages claimed: 20m
Case type: Assault

Pleading: John Hotoft states that on 27 June 1423 John Hoddesdon, along with Henry Galon and Richard Galon, forcibly assaulted him at Southwark, against the peace and to his damage of 20m.

Pleading: John Hoddesdon denies responsibility for this trespass as claimed. Both parties place themselves on the country. Sheriff to have jury here at quindene of Trinity.

Postea text: Sheriff did not send writ, sicut prius, to octave of Michaelmas.

Postea text: [Mesne process below, recording that Hotoft also appeared by attorney against Henry and Richard Galon on the same plea, but they did not appear.]

Court of Common Pleas, CP 40/657, rot. 303

Term: Easter 1425
County: Bristol
Writ type: Trespass (force and arms)
Damages claimed: 200m
Case type: Housebreaking; Real action / rents / damage to real estate; Taking of goods

Pleading: William Louther states that on 20 July 1417 Nicholas Hamme forcibly broke his close and houses in Bristol and cut down and removed 20 pear trees, 20 apple trees and 24 hazelnut trees, all worth 40m, against the peace and to his damage of 200m.

Pleading: NH denies force and arms, and acting against the peace. Both parties place themselves upon the country. And concerning the breaking of the close and the taking of the trees, he states that the case should cease, since at the time of this event this property was his sole and free tenement, and he entered by right.

Pleading: WL states that in the court of Henry IV, namely at Easter one month 1412, before William Thirnyng and his fellow justices, a fine was levied. And at the octave of Michaelmas 1412 it was agreed before the same justices between Robert Sanford on one part and Henry and Katherine Presden and Alice Hamme on the other, concerning 7 messuages and 5s 9d rent in Bristol, of which the place of this alleged trespass was and is a part, that HP and KP acknowledged that the property was of the right of RS, and that RS granted to AH and the heirs of her body one of these messuages, to hold of the chief lord by the service pertaining to it. And he seeks law if NH claims that the property was of his own sole and free tenement, contrary to the fine, to which KP, mother of NH, was part, without saying how he came into possession of this property.

Pleading: NH states that RS, HP, KP or AH, parties to the fine, had nothing in these houses before or after this fine, and that NH was not seised in his demesne as of fee, and it was not the case that these people had interests in the houses and that NH was not seised as of free tenement.

Pleading: WL states that at the time of the fine HP, KP and AH were seised of this property as of free tenement by the right of KP, as the fine supposes. Both parties seek enquiry on the country. Sheriff to have jury here at octave of Trinity.

Postea text: Sheriff did not send writ, sicut prius, to quindene of Michaelmas.

Court of Common Pleas, CP 40/657, rot. 306

Term: Easter 1425
County: Middlesex
Writ type: Trespass (against statute)
Damages claimed: 200m
Case type: Breach of Statute; Contract (general); Real action / rents / damage to real estate; Taking of goods; Trespass (chattels)

Pleading: Thomas Dreu, citing provisions against the wasting of property, states that Robert Fenescales held by demise of TD four messuages and seven cottages in the parish of St Giles without Cripplegate, beyond the bar of London, for a term of 8 years from Easter 1417, and committed waste, namely allowing four halls and four chambers each worth 100s and four kitchens each worth 5m in these messuages, and the cottages each worth 10m, to stand unroofed, as a result of which the timbers have rotted and others have collapsed, and the properties are in danger of ruin, and also cutting and selling from the gardens 6 pear trees, each worth 40d, 12 apples, each worth 2s, and 8 hazelnuts, each worth 40d, to his disinheritance, against the form of the provisions, and to his damage of 200m.

Pleading: RF states that the case should cease, since after this agreement, namely at Christmas 1419, he surrendered the property to TD, to which TD agreed, and that before that date he committed no waste or sales in that property.

Pleading: TD, unaware of any such surrender as claimed by RF, states that RF committed the waste, sale and destruction as claimed, and not that he surrendered the property by agreement, as he claims.

Pleading: RF states that TD agreed to the surrender as he claimed. Both parties place themselves on the country. Sheriff of London to have jury of St Faith's, Farringdon Within ward, here at quindene of Trinity, and also to make the jury view the houses and gardens concerned.

Postea text: Process continued, jury in respite to the morrow of Ascension 1428 nisi prius they come before William Babyngton, chief justice of the bench, at St Martin le Grand on 10 May 1428. Parties came, WB sent record that on that day, parties came before him and his associate, John Drayton, and some of the jurors came and some did not, and of those that did come, only John Broke was of the ward specified. Jurors in respite to quindene of Trinity.

Court of Common Pleas, CP 40/657, rot. 307

Term: Easter 1425
County: London
Writ type: Detinue
Damages claimed: £20
Case type: Safe keeping

Pleading: John Wrestlyngworth states that on 12 April 1417 he delivered to Roger Chambre a purse containing £10 for safe-keeping, to be returned on demand. After RC's death, this purse passed to his widow and executor on [date omitted], but she has refused to return it, to his damage of £20.

Pleading: AC states that she has not detained this purse and this £10, or any money, from JW as he claims. Order that she wager her law at quindene of Trinity. Pledges named.

Postea text: JW came, AC made essoin, to quindene of St John the Baptist. On that day AC came, JW made essoin, to quindene of Michaelmas.

Postea text: AC came, JW did not prosecute his writ. He and pledges amerced. AC and pledges for law sent without day.

Court of Common Pleas, CP 40/657, rot. 310

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: £10
Case type: Assault; Bond

Pleading: John Vanderoye states that on 1 January 1423 John Grove made bond with him in £10, payable on the vigil of the Epiphany, but he has not paid, to his damage of £10. He shows the bond in court, it being made at [omitted].

Pleading: JG asks to hear the bond and the endorsement, and these are read. The endorsement states that if JG conducts himself well and honestly towards JV and Isabella his wife, and does not sin against or be found in the company of the said Isabella in any place private or open where there may be any suspicion of any crimes or fornication, in words or deeds, then the bond shall be of no value, but if the contrary is found, then it shall stand in force. JG then states that he should not owe this debt, as he held to and implemented all these conditions.

Pleading: JV states that after the bond was made, JG assaulted him in the parish of St Bartholomew by the Exchange in London, and thus did not keep to the terms of the bond.

Pleading: JG states that, after the making of the bond, he did not assault JV as he claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Pledges named.

Postea text: [In Trinity term (CP 40/658, rot 319d), jury placed in respite to Michaelmas one month, nisi prius they come before William Babyngton at St Martin le Grand on Friday after quindene of Michaelmas (19 October 1425)].

Case notes: See also rot 118d, and CP 40/658, rot 319d.

Court of Common Pleas, CP 40/657, rot. 310d

Term: Easter 1425
County: Nottinghamshire
Writ type: Detinue
Damages claimed: 200m
Case type: Detention of goods; Safe keeping

Pleading: William Rygmayden states that on 29 March 1418 he delivered to William Aghton, the testator, for safe-keeping a bond in which a certain John Saltby was bound to him in £100, to be returned on request. However, neither he nor his executors have returned this bond, and still refuse, to his damage of 200m.

Pleading: John Mapilton, James Elton and Nicholas Neuton, executors of William Aghton, presenting the bond in court and offering to deliver to which of WR or JS the court decide, state that the bond was delivered to WA by both WR and JS equally, under certain conditions, to be returned to them under those conditions, but the executors are unaware whether these conditions have been implemented on the part of JS. They ask that JS be warned, and this is granted. Sheriff to inform JS to be here at quindene of Trinity to show any reason why the bond should not be delivered to WR.

Postea text: Parties came, sheriff sent that JS had nothing by which he could be warned. Shown in court that JS does have sufficient in that county. Sicut prius to the sheriff, to have him here at octave of Michaelmas 1425.

Court of Common Pleas, CP 40/657, rot. 310d

Term: Easter 1425
County: London
Writ type: Debt (sale of goods)
Damages claimed: 100s
Damages awarded: 13s 4d
Case type: Sale of goods

Pleading: John Glyn states that on 26 May 1415 John Wydell bought from him woollen cloth of various colours for 40s, but has not paid, to his damage of 100s.

Pleading: JW states that he does not owe JG this or any money as claimed. Ordered that he wager his law on the morrow of St John the Baptist. Pledges named.

Postea text: JG came, JW made essoin, to octave of Michaelmas.

Postea text: JG came, JW did not come. JG to recover his debt, and damages of 13s 4d, assessed by the court. JW amerced.

Court of Common Pleas, CP 40/657, rot. 315

Term: Easter 1425
County: London
Writ type: Debt (other)
Damages claimed: £20
Case type: Contract (service/employment)

Pleading: Adam atte Welle amerced for many defaults. John Miles states that on 11 November 1399 he was retained by Adam atte Welle to serve him as a scalder for 4¼ years, boiling boar, pigs, piglets, swans, cygnets, capons and other poultry, and AW was to provide him with a house, fire, water, dishes, victuals and all other necessities, and 100s for each of the four years, and 20s for the quarter. However, despite serving AW well for this period, and AW supplying the necessary shelter, etc, his salary is in arrears by £21 over this period, and AW has not paid this, and refuses, to his damage of £20.

Pleading: AW states that he does not owe JM this or any money as claimed, and is prepared to defend the suit by his law.

Pleading: JM seeks judgment, and the debt and damages, for default of a sufficient response, as AW has not denied the matters contained in his pleading.

Pleading: AW seeks that JW be precluded from the debt, since he indicated above that he would defend the suit by wagering and making his law, that he does not owe this or any sum. And since the justices wish to be advised before rendering their judgment, day is given at the octave of Trinity.

Court of Common Pleas, CP 40/657, rot. 315d

Term: Easter 1425
County: Middlesex
Writ type: Debt (other)
Case type: Debt

Pleading: It was instructed to the sheriff that Robert Twyere, in Trinity term 1419, here before Richard Norton and his associates, justices of the Bench, recovered against Eleanor Kenert of Westminster, Lady of Chaldon, both a certain debt of £11 6s 8d and 20s in damages, by default of EK, but that execution of this judgment remains to be made, as the king understands from John Lacy and Ellis Twyer, administrators of the goods of RT. Therefore the sheriff was to inform EK to be here at the quindene of Easter to show any reason why the sheriff should not recover the debt and damages from her lands and chattels in his bailiwick and render them to the administrators, according to the form of the recovery. Administrators came, EK did not come, sheriff says that she has nothing, and is not found. Executors show that EK is detained in the Fleet prison.

Court of Common Pleas, CP 40/657, rot. 316

Term: Easter 1425
County: Kent
Writ type: Detinue
Damages claimed: £200
Case type: Detention of goods

Pleading: Nicholas James states that on 16 June 1424 Richard Reynald and John Northernjon forcibly arrested his goods, namely 50 carts of worked ('framati') wood and 50 carts of non-worked ('non framati') wood at Millhall without reasonable cause, and held them under arrest, against the laws and customs of England, for two months, against the peace and to his damage of £200.

Pleading: Defendants granted licence to imparl to octave of Trinity.

Case notes: See also 658, rot 104

Court of Common Pleas, CP 40/657, rot. 316d

Term: Easter 1425
County: London
Writ type: Debt (bond)
Damages claimed: £20
Case type: Bond; Contract (service/employment)

Pleading: Richard Stafford states that on 6 May 1421 John Stanstede made bond with him in £22, but has not paid, to his damage of £20. He shows the bond in court.

Pleading: JS states that he should not owe this bond, since it was made under the condition, given in the document, that it would be cancelled if John Hamound held to certain agreements contained in an indenture made between JH and RS, by which JH agreed to serve RS in war service overseas for half a year along with three archers, horses and arms. JS states that at the time of the bond he was a lay man and illiterate, and the bond was read to him in English, and contained this condition, and he then sealed it and it was delivered to RS. And since this bond does not contain this condition, he says that the bond was not of his making. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Pledges named.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Trinity 1426.

Court of Common Pleas, CP 40/657, rot. 318

Term: Easter 1425
County: London
Writ type: Debt (bond); Debt (sale of goods)
Damages claimed: 200m
Case type: Bond; Sale of goods

Pleading: John Fauntleroy states that on 17 June 1415 John Arundell made bond with him in 100m, and also, on 7 April 1416 JA bought from him russet and green velvet cloth, one dorser (back-curtain) of red worsted with two large costers (side-curtains) embroidered with the arms of Mautravers, and 14¾ yards of blue worsted for £30. However, JA did not pay this total of £96 13s 4d, and nor have his executors, Eleanor Ponynges (against whom he seeks the debt), William Ryman and John Burnell, to his damage of 200m. He shows the bond in court.

Pleading: Richard Ponynges and his wife Eleanor, widow and co-executor of John Arundell, granted licence to imparl to octave of Trinity.

Pleading: [Mesne process follows of action against William Ryman and John Burnell on same charge. They did not appear, sheriff says that they were not found. Sicut pluries to same term. Postea that sheriff did not send writ, to octave of Michaelmas.]

Case notes: See also CP 40/658, rot 311.; a further partial entry apparently pertaining to this debt, but containing no new detail, appears on CP40/669 rot.431d.

Court of Common Pleas, CP 40/657, rot. 407

Term: Easter 1425
County: London
Writ type: Detinue
Damages claimed: £200
Damages awarded: £40
Case type: Arbitration; Detention of goods; Real action / rents / damage to real estate; Safe keeping

Pleading: It was recorded on the roll for Hilary term last, rot 321, as follows: Nicholas Orteys states that on 1 May 1424 he delivered to John Roland for safe-keeping two bonds, the first in which he, as NO, citizen and jeweller of London, was bound to a certain Hildebrand Elwell in £100, and the other whereby HE was bound to him in £100. However, JR refuses to return them, to his damage of £200.

Pleading: JR offers the bonds in court, to be delivered to whoever the court decides, and states that these bonds were delivered to him on that day by both NO and HE jointly, under certain conditions, to be returned to either of them under those conditions. However, JR states that he does not know whether these conditions have been fulfilled by HE, and asks that HE be forewarned. Sheriff to inform HE to be here at quindene of Easter, to show any reason why the bonds should not be delivered to JR. And on that day, parties came, as did HE, and sheriff said that he informed HE to be here by John Aston and John Amour. And NO seeks delivery of the bonds.

Pleading: HE states that the bonds should be delivered to him and not to NO. He says that there had earlier been certain disputes between him and his wife Elizabeth and NO and his wife Matilda concerning title and possession of 6 messuages, one dovecot and two gardens in Wells, as a result of which they had placed themselves in arbitration in London on 22 May 1424 before William Halle and Robert FitzRobert for HE and John Cornwaleys and John Hody for NO, and they gave the bonds to JR, under conditions that if both of them implement the arbitration, the bonds shall be returned to both, but if either of them fail to implement the terms, then both bonds shall be delivered to the other. The arbitrators made their terms on 26 May 1424, and said that whereas NO and MO had been removed from the moiety of the said tenements by HE and EE, they should be allowed to have re-entry without further trouble, and they should hold them jointly in peace. NO and MO re-entered the property, and HE and EE have therefore faithfully fulfilled the terms of the arbitration. However, NO and MO have now removed HE and EE from possession of the dovecot and two gardens, parcels of these tenements, against the form of the arbitration, which they have thus broken. HE therefore seeks possession of the bonds.

Pleading: NO repeats his request for delivery of the bonds, since he says that there was discord concerning the messuages and one of the gardens, which NO and MO claim by right of MO, for which they placed themselves in arbitration on 1 May in St Dunstan's parish, Tower ward, concerning these messuages, one garden and appurtenances, and the bonds were delivered to JR, on the conditions above. And the arbiters delivered their judgment on 26 May 1424, saying that whereas NO and MO were removed from possession by HE and EE, they should re-enter the property, and that HE should pay to NO the rents for that moiety from 5 October 1423 to the time of the arbitration, a total of 21s 10½d. He and MO re-entered the property, and on 2 October 1424, in St Dunstan's parish, Tower ward, he requested the outstanding rents, but HE refused. Therefore HE has broken the terms of the bonds, and NO seeks delivery to himself.

Pleading: HE, not acknowledging anything said by NO, states that they each placed themselves in arbitration concerning title to all parts of the said tenements, as he claimed. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity.

Postea text: Process continued, jury in respite to octave of Michaelmas 1425, nisi prius they come before William Babyngton at St Martin le Grand on 10 July 1425. NO and HE came, record sent that on 10 July NO and HE came before WB and John Drayton, jury came and say that the parties did not place themselves in arbitration on all parts of the tenements mentioned, as NO has claimed. They therefore assign damages of 100s to NO for the delay by HE in delivering the bonds. And since the justices here wish to be advised before rendering verdict, day is given here at the octave of Hilary 1426. Further delays, to Hilary 1427.

Postea text: NO and HE come, justices state that the pleading of NO against the plea by HE for delivery of the bonds was insufficient, and state that NO should repeat this, if it seems good to the parties. NO therefore repeats that they and their wives placed themselves in arbitration as stated regarding the moiety of the messuages and one garden with appurtenances, which he claims by right of MO, on 1 May 1424, and delivered the bonds to JR under conditions as stated. And the arbitrators made judgment on 26 May 1424, in St Dunstan, Tower ward, London, and said that NO and MO should have re-entry peacefully, and the arrears of rent of 21s 10½d, and that HE had refused to pay this, as claimed, for which NO should have delivery of the bonds. HE counters that the bonds were to be returned to them both if they implemented the arbitration, but to the other if one should break the terms. Both parties on country, sheriff to have jury here at quindene of Easter.

Postea text: Process continued, jury in respite to octave of Trinity 1427 nisi prius they come before WB at St Martin le Grand on 30 May 1427. NO came, WB sent record that on that day NO and HE came before him and JD, justices, and jurors say that the bonds were not delivered to JR under the terms stated by HE, that if the terms are kept then the bonds shall be delivered to both parties, but that if one breaks the terms then they shall be sent to the other, as NO claimed. Damages to NO of £40, and NO to recover bonds from JR.

Postea text: Bonds delivered to NO. JR quit.

Court of Common Pleas, CP 40/657, rot. 408d

Term: Easter 1425
County: Buckinghamshire
Writ type: Disseisin
Case type: Dower; Real action / rents / damage to real estate

Pleading: John and Agnes Kymberlee seek against John Hertwell a third part of 4 carucates of land, 100 acres of wood and 100s rent in Chesham and Ellesborough, as dower of Agnes from her former husband William Rokewode.

Pleading: JH granted licence to imparl to octave of Trinity with assent of plaintiffs.

Postea text: Further licences to imparl, to octave of Michaelmas 1426, all with assent of plaintiffs.

Case notes: See also CP 40/659, rot 126d, and CP 40/650, rot 526 and 526d.

Court of Common Pleas, CP 40/657, rot. 420

Term: Easter 1425
County: London
Writ type: Trespass (force and arms)
Damages claimed: £40
Case type: Assault; Taking of goods

Pleading: William Markeby states that at Michaelmas 1421, Thomas Seton and William Derden forcibly carried off goods belonging to him worth £20, namely one blue gown, two blankets, two small sheets, six silver spoons, one piece of silver, one belt decorated with silver, and other household utensils, and assaulted his servant, Thomas Blake, such that he was deprived of his service for three years. This was all against the peace, and to his damage of £40.

Pleading: TS and WD deny responsibility for this trespass. Both parties place themselves on the country. Sheriff to have jury here at octave of Trinity. Pledges named for TS.

Postea text: 3 posteas, sheriff did not send writ, to quindene of Easter 1426.

Court of Common Pleas, CP 40/657, rot. 420

Term: Easter 1425
County: London
Writ type: Debt (loan); Debt (sale of goods)
Damages claimed: 10m
Case type: Loan; Sale of goods

Pleading: John Cokebon states that on 21 December 1422 John Paddesley bought from him a gold bracelet fixed with precious stones for £9, and also borrowed £3 13s 4d from him, but has not paid either amount, to his damage of 10m.

Pleading: JP states that he does not owe this £12 13s 4d, or any money as claimed by JC. Ordered to wager his law at octave of Trinity. Pledges named.